Definition of Liberty

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Definition of liberty

Liberty is derived from the Latin word liber which means free. It is a word of negative

meaning denoting absence of restraint. Its primary significance is to do what one likes,

regardless of all consequences, but this is obviously an impossibility. Liberty in the sense of a

complete absence of restraint cannot exist.

I. Liberty: Meaning:

The word “Liberty” stands derived from the Latin word ‘Liber” which means ‘free’. In this

sense liberty means freedom from restraints and the freedom to act as one like. However, in

a civil society such a meaning of Liberty is taken to be negative and harmful.

Liberty is usually defined in two ways: Negative Liberty & Positive Liberty:

(A) Negative Liberty:

In its negative sense, Liberty is taken to mean an absence of restraints. It means the

freedom to act is any way. In this form liberty becomes a license. Such a meaning of liberty

can never be accepted in a civil society. In contemporary times, Negative conception of

liberty stands rejected.

(B) Positive Liberty:
In its positive sense, Liberty is taken to mean freedom under rational and logical i.e.

restraints which are rational and have stood the test of time. It means liberty under the

rational and necessary restraints imposed by law. These restraints are considered essential

for ensuring the enjoyment of liberty by all the people. In a civil society only positive liberty

can be available to the people.

Positive Liberty means two important things:

1. Liberty is not the absence of restraints; it is the substitution of irrational restraints by

rational ones. Liberty means absence of only irrational and arbitrary restraints and not all

restraints.

1
2. Liberty means equal and adequate opportunities for all to enjoy their rights.

II. Liberty: Definition:

(1) “Liberty is the freedom of individual to express, without external hindrances, his

personality.” -G.D.H Cole

(2) “Freedom is not the absence of all restraints but rather the substitution of rational ones

for the irrational.” -Mckechnie

(3) “Liberty is the existences of those conditions of social life without which no one can in

general be at his best self.” “Liberty is the eager maintenance of that atmosphere in which

men have the opportunities to be their best-selves.” -Laski

Liberty is the most essential condition for the enjoyment of rights. It is not the absence of

restraints. It is the positive condition for the enjoyment of rights. It admits the presence of

such rational restraints as satisfy the test of historical experience and reason.

III. Features/Nature of Liberty:

(i) Liberty does not mean the absence of all restraints

(ii) Liberty admits the presence of rational restraints and the absence of irrational restraints.

(iii) Liberty postulates the existence of such conditions as can enable the people to enjoy

their rights and develop their personalities.

Liberty is the most essential condition for the enjoyment of rights. It is not the absence of

restraints. It is the positive condition for the enjoyment of rights. It admits the presence of

such rational restraints as satisfy the test of historical experience and reason.

III. Features/Nature of Liberty:

(i) Liberty does not mean the absence of all restraints

(ii) Liberty admits the presence of rational restraints and the absence of irrational restraints.

2
(iii) Liberty postulates the existence of such conditions as can enable the people to enjoy

their rights and develop their personalities.

IV. Types of Liberty:

(1) Natural Liberty:

Traditionally the concept of natural liberty has been very popular. Natural liberty is taken to

mean the enjoyment of unrestrained natural freedom. It is justified on the ground that since

man is born free, he is to enjoy freedom as he wills. All restraints negate his freedom.

The social contractual lists (Hobbes, Locke and Rousseau) championed the cause of natural

liberty. Rousseau became famous for his words: “Man is born free, but is in chains

everywhere.” It is popularly believed that man has inherited the right to liberty from nature.

Natural reason is the basis of liberty.

However, the concept of natural liberty is now considered to be an imaginary one. There

can be no real freedom in a state of nature or a ‘jungle society’. Unrestrained freedom can

create anarchy. It is only in an orderly society characterised by essential restraints based on

laws and rules that real liberty can be possible. Natural liberty can lead to a living based on

the evil principle of ‘might is right’ or the ‘rule of muscle power.’

(2) Civil Liberty:

The liberty which each individual enjoys as a member of the society is called civil liberty. It is

equally available to all the individuals. All enjoy equal freedom and rights in society. Civil

liberty is not unrestrained liberty. It is enjoyed only under some restrictions (Laws and

Rules) imposed by the state and society. Civil Liberty is the very opposite of Natural liberty.

Whereas Natural Liberty denounces the presence of restraints of any kind, Civil Liberty

accepts the presence of some rational restraints imposed by the State and Society.

Further, Civil Liberty has two features:

(i) State guarantees Civil Liberty:

3
Civil liberty means liberty under law. Law creates the conditions necessary for the

enjoyment of liberty. However, it refrains from creating obstacles in the way of enjoyment

of liberty by the people. It protects liberty from such obstacles and actions of other men and

organisations as can limit the equal liberty of all. The Laws of State imposes such reasonable

restraints as are deemed necessary for the enjoyment of liberty by the people.

(ii) Civil liberty also stands for the protection of Rights and Freedom from undue

interferences:

Civil liberty involves the concept of limiting the possibilities for violation of the rights of the

people by the government. This is ensured by granting and guaranteeing the fundamental

rights of the people. It also stands for providing constitutional and judicial protection to

rights and liberty of the people.

(3) Political Liberty:

(7) Religious Liberty:

It means the freedom to profess or not to profess any religion. It means the freedom of faith

and worship and non-intervention of State in religious affairs of the people. It also means

equal status of all religions to freely carry out their activities in society. Secularism demands

such a religious freedom.

(8) Moral Liberty:

It means the freedom to act according to one’s conscience. It stands for the liberty to work

for securing moral self-perfection. Freedom to pursue moral values is moral freedom.

Thus, when one demands the right to liberty one really demands liberty in all these forms.

You might also like